HomeMy WebLinkAboutDocumentation_Regular_Tab 02_11/09/2017 • • .
emo
To: Michael Couzzo, Viilage Manager
From: Joel Medina, Fire Chief ��"''
cc: �Ilage Council /
�ate: August 29, 2017
rte: Closed P.O.D. (Point of Distribution)
In cooperation with the Centers for Disease Control and Prevention and their Cities Readiness lnitrative
Prog�am, attached you will find a Memorandum of Agreement and Leasing Agreement in connection with
the Village of Tequesta becoming a closed Point of Distribution for medications and medical supplies in the
event of a pandemic crisis. There is no cost to the Village for becoming a P.O.D. We have had several
meetings with the Florida Dept. of Health in this regard and believe what they are offering can be a great
benefit to all employees of the Village;and in tum, the residents will benefit as well. The Agreements have
been reviewed, revised, and approved by Keith Davis, Esq.
It is respectfully requested this Memorandum of Agreement and Leasing Agreement be executed to enable
this endeavor.
Rev 1/2�14
MEMORANDUM OFAGREEMENT
Support Services for Emeraencv Distribution of Strateqic Nationai Stockpile
BETWEEN FLORIDA DEPARTMENT OF HEALTH IN PALM BEACH COUNTY
and THE VILLAGE OF TEQUESTA,a Florida Municipal Corporation
This Memorandum of Agreement("Agreement")is entered into between the Florida Department of Health in Palm Beach
Counry, hereinafter refeRed to as the"Department,"and The Village of Tequesta, A Florida Municipal corporation,
hereinafter refeRed to as the"Village."
RECITALS
WHEREAS,the Centers for Disease Control and Prevention(CDC)has established the Cities Readiness
Initiative program to assist certain Metropolitan Statistical Areas(MSA)in the event of a catastrophic biological incident;
and
WHEREAS,the CDC,through the Florida Department of Health,will provide the Strategic National Stockpile
(SNS)assets,which includes medications and medical supplies,to the Department for the Palm Beach County portion of
the MSA;and
WHEREAS,the Department approves the transfer of a pre-determined quantity of the aforementioned medication
to the Village;and
WHEREAS,the Department wishes to collaborate with the Village to enhance its ability to respond to a
catastrophic biological incident or other communicable threat of epidemic proportion.
NOW THEREFORE,in consideration of the foregoing,the parties hereto agree as follows:
1. PURPOSE
A. This agreement delineates responsibility of the Department and the Village for activities related to the prophylaxis of
the Village's employees and their immediate family members under the Cities Readiness Initiative(CRI)in the event
of a catastrophic biological incident or other communicable threat of epidemic proportion.
B. This Agreement serves as the Scope of Work between the Village and the Department.
II.SCOPE
A. The provisions of this Agreement apply to activities to be performed at the request of the Department in conjunction
with the implementation of the Cities Readiness Initiative Response Plan,an appendix to the DepartmenYs
Emergency Operations Plan.
B. No provision in this Agreement limits the activities of the Department in performing local and state functions.
III.DEFINITIONS
A. Cities Readiness Initiative(CRI). A CDC program providing direct assistance to specific densely populated areas
(known as Metropolitan Statistical Areas)to build the response capacity needed for the prophylaxis of 100 percent of
their populations within a 48-hour period in the event of a catastrophic public health emergency.
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Rev 1/2014
B. Local Distribution Site(LD5): A temporary facility that receives, breaks down and processes the SNS Push-Pack and
Managed Inventory for redistribution. Also referred to as Receipt, Storage and Staging(RSS).
C. Point of Dispensing(POD). Location for dispensing medical countermeasures and related supplies to citizens in a
public health emergency; may be a Public("Open")POD open to the general public, or a"Closed"POD established
specifically for the residents and employees and their immediate family members.
D. Prophylaxis. Measures designed to prevent the occurrence of disease or its dissemination. For the purposes of this
Agreement it shall refer to the distribution of oral medications.
E. Strategic National Stockpile(SNS}. A national repository of antibiotics,chemical antidotes,antitoxins,life support
medications and medical supplies, managed by the CDC,that can be delivered anywhere in the United States within
12 hours of the decision to deploy.
N.THE PARTIES AGREE
A_ The Department Agrees:
1. To designate,in part or in total,the Village,as a Municipal Point of Dispensing,(M-POD)for the Strategic
National Stockpile(SNS).This residential community will be used only for a declared Nuclear, Biological,or
Chemical emergency.
2. To the extent that resources permit,to arrange for the delivery of quantities of inedication,antidotes and/or
vacanes to,the Municipal Point of Dispensing(M-POD),from the Strategic National Stockpile(SNS)in the event
of a Nuclear, Biological,or Chemical emergency on a 24/7 schedule.
3. To provide sample descriptions of the various volunteer jobs to be assigned to the residents and employees of the
Village.
4. To provide training of said volunteers in dispensing said medication, antidotes and/or vaccines to the employees
of the Village and their immediate families,and will provide sample copies of Patient Registration Forms and other
documenta6on for the required accountability of these materials.
5. To review, approve and provide credentials to volunteers who complete Florida Department of Health"Volunteer
Enrollment Application"forms(DH-1474, 10/05)(Attachment 1)with accompanying"Volunteer Personal
References Questionnaires"(Attachment 2). Said volunteers will be covered by Workmen's Compensation in
accordance with Florida Statute TiUe X Chapter 110.504,and be further provided with state liabiliry protection as
pa�t of Florida Statute Chapter 768.28.
6. To include as an attachment to this Memorandum of Agreement, a Lease Agreement(Attachment 3)wherein the
Village will lease a portion of their premises for temporary use by the Department as a Point of Dispensing for a
limited time to be specified and concurrent with a declared incident. The Village,will be classified as a volunteer
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providing a service to the State of Florida, pursuant to the definitions of section 110.501 and 1.01 F.S.,the Village
will be entiUed to the benefits set out in section 110.504, F.S.during the life of this Lease Agreement.
7. The coordination of the SNS assets will be determined joinUy by the Logistics Section of the Palm Beach Counry
Division of Emergency Management and the Department in the event of a decision to distribute.
8. To provide sample copies of Client Registration Forms,educational materials and other resources in the event of
a catastrophic public health emergency requiring the mass prophylaxis of the identified population,and other
documentation for the required accountability of these materials.
9. To provide the Village with as much advance notice as feasible of the decision to request and deploy SNS assets.
10. To provide the telephone number for the Health and Medical Unit at the Palm Beach Counry Emergency
Operations Center(EOC)at(561)712-6741, and the County Warning Point at(561)712-6428.
B. The Village Agrees:
1. To provide the Department with a census count of the number of employees and their immediate family members
and estimates of the number of adults and children.
2. To provide adequate numbers of volunteers from the community t�assist in the dispensing of the above-
mentioned medication, antidotes and/or vaccines to all residents and employees in their community without
prejudice.
3. To provide its own resources for,but not be limited to:Transportation, Communications, Public Works, Mass
Care, Resident Information,and Security for its residents and employees.
4. Volunteers and employees, upon completing the required Client Registration Form, may pick up medication for
themselves,their immediate family and/or neighbors and friends, up to 15 members in total.
5. Said distribution of inedication or other medical materials is to be done under the supervision of a volunteer
medical professional from their community who is authorized to dispense pharmaceuticals. Medical professionals
authorized to dispense pharmaceuticals are defined as: Pharmacists(RPh/PharmD), Physicians(MD/DO),
Physician Assistants(PA),Advanced Registered Nurse Practitioners(ARNP),or other medical providers
registered as"dispensing practitioners"(Dentists, Podiatrists). In the absence of such a designated person,the
Department will attempt to arrange for a member of the Palm Beach County Medical Society,via their Medical
Reserve Corps,to be at the site and be designated to supervise the dispensing of inedication/medical supplies to
the residents and employees.
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• Rev 1/2014
6. Twice daily reporting and reconciliation of inedication and/or medical materials dispensed and on-hand to the
Department at the Heafth and Medical Unit Emergency Support Function-8(ESF-8)at the Emergency Operations
Center(EOC)at(561)712-6741.
7. Contacting the Health and Medical Unit at the EOC if additional medical countermeasures and related supplies
are required to provide sufficient regimens for the intended population.
8. Ensuring that no fee of any kind is charged for the material or any function associated with the dispensing
activities.
9. Retuming to the Department all unused medication and related supplies, and completed Client Registration and
Inventory Forms accounting for all of the medical countermeasures dispensed.
C_ The Village and the Department Mutually Agree:
1. Effective and Ending Dates.
This Agreement shall begin on August 11, 2017 or on the date on which the Agreement has been signed by
both parties,whichever is later. It shall end on December 31, 2020.
2. Termination. Termination at Will.
This Agreement, including the referenced Lease Agreement, may be teRninated by either party without cause
upon no less than thirty(30)calendar days notice in writing to the other party unless a lesser time is mutually
agreed upon in writing by both parties. Said notice shall be delivered by certified mail, retum receipt requested,or
in person with proof of delivery. -
3. Indemnification.
The Department, as a state agency,agrees to be fully responsible to the limits set forth in Section 768.28, F.S.,
for its own negligent acts which result in claims or suits against the Department or the Village arising out of this
Agreement, and agrees to be liable to the limits set forth in Section 768.28, F.S.for any damages proximately
caused by said acts or omissions. Nothing herein shall be construed as a waiver of sovereign immunity or
consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising
out of any Agreement.
Section 768.28, F.S. (Waiver of Sovereign Immunity in Tort Actions)states in part in paragraph (9)(a)that"No
o�cer,employee,or agent of the state or any of its subdivisions shall be held personaUv liable in tort or named
as a party defendant in any action for any injury or damage suffered as a result of any act,event,or omission
of action in the scope of her or his employment or function, unless such officer,employee,or agent acted in bad
faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights,safety,
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Rev 112014
or property."
Section 110.504, F.S. (Volunteer Benefits)states in paragraph(7)that volunteers shall be covered by Section
768.1355(Florida Volunteer Protection Act)which states in part in paragraph (1),that"Any person who
volunteers to perform any service for any nonprofit organization,shall be considered an agent of such nonprofit
organization when acting within the scope of any official duties performed under such volunteers services."
Federal Immunity
The Public Readiness and Preparedness Act(PREP Act)(TiUe 42 USC§247d-6d), in part,"authorizes the
Secretary of the Department of Health and Human Services(Secretary}to issue a declaration (PREP Act
declaration)that provides immunity from tort liability(except for willful misconduct)for claims of loss caused
by,arising out of, relating to, or resulting from administration or use of counteRneasures to diseases,threats and
condifions determined by the Secretary to constitute a present or credible risk of a future public health
emergency to entities and individuals involved in the development, manufacture,testing,distribution,
administration,and use of inedical countermeasures. A PREP Act declaration is specifically for the purpose of
providing immunity from tort liability,and is different from, and not dependent on, other emergency
declarations."
4. Relationship.
Nothing herein shall create or be construed to create an employer-employee,agency,joint venture, or partnership
relationship between the parties.
5. Renegotiation or Modification.
Modifications of provisions of this Agreement shall only be valid when they have been reduced to writing and duly
signed by both parties.
6. Official Representatives.
(a) For The Department:
Name: Lisa Vreeland
Title: Public Health Preparedness Manager
Orqanization: Florida Department of Health in Palm Beach County
Mailina Address: 800 Clematis Street,West Palm Beach, FL 33401
Tele�hone/Fax: 561-671-4016/Fax 561-837-5197
e-mail: Lisa.VreelandC�FLHealth.gov
(b) For the Village:
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Rev 1l2014
Name:
Title:
Orqanization: The Village of Tequesta
MailinQ Address:
Telephone/Fax:
e-mail:
Reference Information From The Village of Tequesta.
Number of Residences: Number of Employees:
Number of Residents(est}: Total: Full Time: Parttime:
Number of Adults/Children (est): Full Time: Adults: Children:
M-POD Contacts:
(1) Name: Address:
City: Zip: Telephone: Cell:
e-mail:
(2) Name: Address:
Ciry: Zip: Telephone: Cell:
e-mai I:
7. All Terms and Conditions Included.
This Agreement,and its attachments as referenced,contains all the terms and conditions agreed upon by the
parties. There are no provisions,terms, conditions, or obligations other than those contained herein,and the
Agreement shall supersede all previous communications, representations,or agreements,either verbal or written
between the parties. If any terrn or provision of the Agreement is found to be illegal or unenforceable,the
remainder of the Agreement shall remain in full force and effect and such term or provision shall be stricken.
END OF TEXT
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Rev 1IC014
IN WITNESS THEREOF, the parties hereto have caused this 12 page Agreement to be executed by their undersigned
officials as duly authorized.
THE VILLAGE OF TEQUESTA,a Florida Municipal FLORIDA DEPARTMENT OF HEALTH IN
Corporation PALM BEACH COUNTY
Signed Signed by:
N � Name: ALINA ALONSO, MD
a �"s Gc�E��UA�.1
Title: � � Title: DIRECTOR
��Ti�l� 11� I�iGL 1����G��
Date: jd � l�— � 7 Date:
7
Rev 1/3014
PI.ORIDA DFPARTt�if OF
�� _+"' + Attachment 1
VOLUNTEER ENROLLMENT APPLICATION
Name (last) (First) (Middle)
Mailing Address City State Zip
/ /
Work Telephone Home Telephone Cell Phone
Email:
Emergency Contact Telephone Number
What type of volunteer position are you interested in?
List any professional license,registration,or certificate you currently possess(include certificate/license numbers):
List any special skills,interests,or hobbies:
list two personal references not related to you whom you have known for more than one year:
NAME NAME
ADDRESS ADDRESS
CITY/STATE ZIP CODE CITY/STATE ZIP CODE
PHONE PHONE
List your most recent volunteer or employment experience:
EMPLOYER COMPLETE MAILIN6 ADDRESS ZIP CODE TELEPHONE
JOB TITLE DATES OF VOLUNTEER/EMPLOYMENT
Clrcle the days you e�E dvd'lldble to Volunteer: Sunday Monday Tuesday Wednesday Thursday Friday Saturday
Specity the hours you are available to volunteer: From: To:
Have you ever been convided of,or plead nolo contendere to a driving or criminal offense?
Yes No If answer is yes,please explain(including types of offenses and dates):
DH 1474
8
Rev 1/2014
PLORIDA DEPARTI�if OP
�` �'' i Attachment 1(conYd.)
VOLUNTEER ENROLLMENT APPLICATION
It shall be a misdemeanor of the first degree to fail to disclose,by false statement,misrepresentation,impersonations or other
fraudulent means,any material fact used in making a determination as to a person's qualifications to work as a volunteer.
I understand that,to protect persons served by the department,a routine check through law enforcement,license bureaus,agency
files,and references may be made. 1 understand that a criminal offense will not automatically exclude me from all volunteer
positions;however,certain convictions will exclude me from volunteering in some positions. I understand that if I answered no to
the criminal offense question on the front of this application and a record should be obtained,it will prevent me from volunteering
for the department regardless of the offense. I understand upon submission of this application it becomes public record.
I understand and agree that all information as it relates to persons served by the department is to be held confidential in compliance
with Florida Statutes. All information that should come to my attention and knowledge as privileged and confidential will not be
disclosed to anyone other than authorized personnel and that I shall conduct myself in accordance with the departmental security
policies. I understand that failure to comply may result in criminal prosecution.
1 affirm that all information on this application is true and correct.
/ /
Signature Date
INTERVIEWER'S COMMENTS
(For Agency Use Only)
Date of Interview: / / Interviewers Name:
Screening Required: Yes No Date Screening Completed:
Date Orientation Completed:
WORK ASSIGNMENT
(For Agency Use Only)
Program Location
Supervisor Date of Placement
It is�unlawful for an employer to refuse or dep�ve any individual of volunteer opportunities because of race,color,religion,sex,national origin,age,marital status,or
handicap. Applicants who believe they have been discriminated against may file a complaint with the Florida Commissian on Human Relations,3251ohn Knox Road,
Suite 240,Tallahassee,Florida 32399-1570.
DH 1474
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FLORIDA DEPARTA�NI'OF
HEALT �
Attachment 2
VOLUNTEER PERSONAL
REFERENCE QUESTIONNAIRE
Name of Volunteer/lntern Applicant Organization Date Completed
As required by section 110.503, Florida Statutes and section 60L-33.006, Florida Administrative Code,
reference checks must be completed for the above applicant. This applicant wishes to provide volunteer
services to clients of the Department of Health. Your name has been given as a personal reference, and we
would appreciate your comments on the following questions:
1. How long have you known the volunteer applicant?
2. To your knowledge, has the applicant ever been convicted of a crime?
3. Do you consider him/her to be of good moral character? If no, please explain.
4. Do you know of any reason why the applicant should not be trusted with or around children or persons with
disabilities? If yes, please explain:
5. Would you consider placing the responsibility of a child or a person with disabilities who is related to you
with the applicant?
6. Do you have any additional comments conceming the applicanYs character or reliability?
7. What is your relationship to the applicant?
Reference Signature Name (please print)
Address Telephone
City State Zip
Thank you for your time.
Upon completion, p{ease return this form to: Your POD Manager, or
Shamilla, LUTCHMAN,
SNS/CRI Coordinator
Emergency Preparedness
Florida Health -Palm Beach County
800 Clematis Street(2-206)
West Palm Beach, FL 33401
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Attachment 3
LEASE AGREEMENT
This Agreement,by and between THE VILLAGE OF TEQUESTA.(the"Lessor")and the FLORIDA DEPARTMENT OF
HEALTH IN PALM BEACH COUN7Y(the"Lessee")as fdlows:
1. PREMISES:Lessor donates to Lessee the temporary use of the following described property:
Approximately one aixe real property(f/k/a
(the"property")at
The property shall be used during the term of the lease by the Florida Department of Heafth in Palm
Beach County as a Point of Dispensing(POD)for dispensing materials from the Strategic National
Stockpile as a measure to protect the public health.
2. TERM: Upon receipt of written notification or telephone communication from the Florida Department of Health in
Palm Beach County that the Strategic National Stockpile has been activated due to a medical emergency,the Lessor
will immediately make ready the premises described in Paragraph 1 of this Agreement,and notify its resident-
volunteers to report for medication dispensing duties. From that date of noffication and for a period not to exceed
seven (7)days,the Department of Health will use the leased premises as a Point of Dispensing (POD)for the
dispensing of inedica6on to the Lessor's residents and employees according to the plans established by the
Memorandum of Agreement between the Department and the Lessor. This Agreement will terminate at the end of the
seven day leased period,as described above, unless amended or cancelled in writing. See paragraph 8.
3. RENT: No rent or any additional consideration is due to or from either party.
4. ASSIGNMENT AND SUBLETTING:The Lessee shall make no unlawful,improper,or offensive use of
the premises; nor assign or sublet any part of said premises without the written consent of the Lessor;
and Lessee shall quit and deliver up said premises at the end of said term in as good condition as they
were at the beginning of said term,excep6ng only ordinary wear,decay,and damage by the elements.
5. VOLUNTEER NATURE OF AGREEMENT:By virtue of donating the temporary use of the premises
under this Agreement,Lessor is a volunteer providing a service to the State of Florida pursuant to the
definitions of sec. 110.501(1),F.S.and sec.1.01(3),F.S.and Lessor therefore is entitled to appropriate
benefits set out in sec. 110.504, F.S.during the Lessee's use of the premises,as described in Paragraph
2,for a period not to exceed 7 days.
6. MAINTENANCE AND REPAIRS:N/A
7. TAXES: N/A
8. AMENDMENT OR CANCELLATION:Any amendment must be in writing and signed by both parties.
Any cancellation must be in writing and hand-delivered to or FAX'd to a party signatory.
9. LESSOR'S ACCESS TO PREMISES:Lessor reserves the right to inspect the premises upon
reasonable prior notice to the Lessee.
10. SCOPE OF USE:The Lessee is entiUed to quiet enjoyment of the premises and shall not be evicted or
disturbed in possession of the premises so lang as Lessee complies with the terms of this Agreement.
This Agreement shall be binding upon the heirs and assignees of all parties.
11. UTILITIES:The Lessor shall be responsible for all utilities,deposits,and charges including charges for
water,sewage,and trash pick-up during the term of this Agreement.As the materials for an anthrax
episode are oral antibiotics in unit dose bottles,there will be no hazardous materials.
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Rev 1/;'014
12. AUTHORITY: The signatories below possess authority to enter into this Agreement on behalf of their
principals. This Agreement is effective on the date of the last signature on the Agreement, and no
amendments or side agreements exist except as provided in paragraph 8.
THE VILLAGE OF TEQUESTA, a Florida Municipal Corporation. FLORIDA DEPARTMENT OF HEALTH
IN PALM BEACH COUNTY
Name: ALINA ALONSO, MD
Title: DIRECTOR
�� ���`��7
DATE DATE
12
PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Sfatutes,
CONTRACTOR must keep and maintain this Agreement and any other records
associated therewith and that are associated with the perFormance of the work
described in the Proposal or Bid. Upon request from the Village's custodian of
public records, CONTRACTOR must provide the Village with copies of requested
records, or allow such records to be inspected or copied, within a reasonable time
in accordance with access and cost requirements of Chapter 119, Florida
Statutes. A CONTRACTOR who fails to provide the public records to the Village,
or fails to make them available for inspection or copying, within a reasonable time
may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida
Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further,
CONTRACTOR shall ensure that any exempt or confidential records associated
with this Agreement or associated with the performance of the work described in
the Proposal or Bid are not disclosed except as authorized by law for the duration
of the Agreement term, and following completion of the Agreement if the
CONTRACTOR does not transfer the records to the Village. Finally, upon
completion of the Agreement, CONTRACTOR shall transfer, at no cost to the
Village, all public records in possession of the CONTRACTOR, or keep and
maintain public records required by the Village. If the CONTRACTOR transfers all
public records to the Village upon completion of the Agreement, the
CONTRACTOR shall destroy any duplicate public recorcls that are exempt or
confidential and exempt from public records disclosure requirements. If the
CONTRACTOR keeps and maintains public records upon completion of the
Agreement, the CONTRACTOR shall meet all applicable requirements for
retaining public records. Records that are stored electronically must be provided
to the VILLAGE, upon request from the Village's custodian of public records, in a
format that is compatible with the Village's information technology systems.
IF CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, PLEASE CONTACT THE
VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT
(561) 768-0685, OR AT Imcwilliams(a�teQuesta.orq, OR AT 345
TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469.
•' -
emo
T« Michael Couao,Viilage Manager
Frone Joel AAedirra, Fire Chief G��� _♦
r�vy��.
e� Viitage Cota�cif
oa�e� August 31,2017
�tee Zac��ary Vllichert, Interirn Firefighter Rddendum b�Contract
Zachary Wichert Is curre�tly ernployed,under contract attached,as an Interim Firefighber.
Currerttly ifie Fre-Re�.,cue Departrnerrt�S in need aF a medical b�ler. FF Wfchert has the
s�Ia'llset fio fill this position in order to mairrtain the stream af revenue assoaated with the ,—-
EMS transports.
It is r�spec�fully requested FF Wid�xt be oompensa�ed at the b(ended ra�e of$15.00 per
hour f�or as long as he is assisting in this position.
t
. �
ZACHARY WICHERT
ADDENDUM TO INTERIM FIREFIGHTER CONTRACT
Zachary Wichert is currently employed as an Interim Firefighter for the Village of Tequesta
Fire-Rescue. The deparlme�currently has a Medical Billing/Coding vacancy. Zachary Wichert
has the s1QlLset to seamlessly fill this vacancy and accomplish the medical billing and coding
required to maintain the stream of revenue without intenniption. This will be accomplished with
a blended rate of$15.00 per hour for as long as he is assisting with the department's medi b' '
and coding.
Dated: August 31,2017 •
,Village er
�,"M`-��� � 3/
$
M e e Reid
Human Resource Administrator
.
;�,� ] � � '
�
Vi�ge of Tequesfia
IM�erim Employment Ag�+eement
THIS AGREEMENT is made and er�ned irrto�fiis 12�'day of Noov�ember, 2015,
by and befiween the VILLAGE OF TEQUESTA, a mimic,ipal aorporation af the St�a aF
Fta�ida {hene� re�en+ed fi� as °V�a9e'�� and ZACHARY YYICH�T', an in�ual,
(hereinat�er ref�tned fio variously as'Employee"or 9n�e�irn F�efigf�as foftows:
SecBa�1.twtles
The Viqage hetaeby agcees fio hire Employ�ee as an Interen Firefighter to petform the
clu�es and fimdions af a F3r+e�igh�er t. in a000rdanc� w�h the job posi�ti�on descxiption
at�ached hetefio �td marlaed as Apperula°A'. Err�loyee shaN be st�ject tn� and abide ,
bY,the Or+dinances of the V�ge.the VWa9e EmPby+ee Handbook,Florlda S�bes and
Federai laws gov�g Frefighbers and F�nergency Med'a�l Technidans. Employee
a�rees pe es " er su
dutias and respo�6es as are assigned fio him fram fune bo time by the Fine Chief
�d/or the Wtage AlMana�er.
SecHon 2 Descrip�on af Positlon
The 1�iage has started � intemn fir�efi9hiet"Pro9ram t�assist individua�s in ob�a �
� h the f�re servlce and to as�st individuats uvi� higl�r educ�ion apportur�es.
lt�rim firc�h�ets serve on an"as r�eeded"basis as de�ned in the soie discre6ion ofi
fhe Vilage. Inberirn firefighbers serve at the wtq of the Y�llage. ln�er�n fire�igh�ers can be
re6av+ed o#d�.y at any fimme fior any r�son or no r�n.
ln�lm flr�'igtdecs wlil reoeive a copy of the Y�age Erripfoyee Handbook �d the F'ma-
Resate Depattment's Po&�► and Prooed�eia Manuat aE the i�rne of in� �npbyrr�nt.
Ir�etim fi�ighUers ar+a nesponsbie for comp�ance w� General Personnel Polk�s and
Standatds aF Condt�t as se#fath in the V�lage Empb}ree Handbcok. Ho�w�ev�er, othe�
than ri�is and bene�ibs �caUy�ed in this Agreerr�nt� �erim�hters ar�e nat
�fio arry r�s or benefits setforth in the V�ge's F1r�loY'ee Handbook, including,
but not Gm�ed fio,anY 9rievarx%e procedure rf�s. , .
9ection 8.Term �
This A�nt shaN commenve as of fhe data her+eof and shail r+entain in effied for a
pertod of th�ee C3) Years. This A�eerner�can be renew�ed fia�an edd�ional �lvee (3)
yer t�rm by mufiu�al oonserrt af bo4h parties. No mod�ons, d�anges or
amendmerrts �o any pnovision of tf�is Agreement aen be implern� wi#hout express .
wr�ten agreement being eo�by both part3es.
Ern�loy�e a9rees fhat he is an at wlll emptoyee and wDl sen�e at the pteasure of the
Vi�ge Al�nager m�d/or F'�+e Chi�f. Nathing in thls Agt�eemetrt shap pr+e�ent, � or
otl�etwise ir�berf�e with the rigFrt ofi the ViMage AAar�er� Fine (�ieF fio termir�e the
setvioes of the Employ�ee. Employee agr�es that he has no property �ights �
employmer�wifh the VlRsge and doe,s not hav�e tl�e rigirt�file a grie�ce�ming
any of fhe ierms or cond�ions oF this A�reem�rt or otherv++�. ,
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Nott�ng in this ABreement shalt prev�errt or offierv�se �nfietfere w�h the ri,qht aF the
Ernpby�ee fi� resign his e�lo�ymerit w�h �e �lage, sub�Ct � the provisions with
Section 4 (Te�minattiort).
Sectioa 4� Tern�inafion
In the event that Employee ts fenntnatsd befiore the exp�atlon of the afot�aid tem� of
emPbyment tbr tw.esons ot�ter than morel tucp�ude, the V�ge agrees bo pay fhe
Employee for any acx�ued sidc leav�e and vacation b� in accondanoe w�h the
provisia�ts vF the Vi�age Empluyee Harx�ook�ble fio fuq fi�ne V71a,qe emPloy'ees.
The 6�byee w� �so be eGg�le fior his pofion aF the Education Assistanoe Funds
(defined belaw�that!�e has erned, for a pe�Iod of time up to finretve (12) moMhs fran
his dabs af tarmfiation. Ed�x�on Assistanoe Funds nat ut�lized witfi�this fin�elve(12)
mat�tbne frame shall be for�d fi�the V�age.
r e,� sTiap a leava,
va�6on pay and education assistanoe funds.
ff the 6nplay�ee v�olurrtanly resigns finm the posifwn of interim fir�a�ghfer prior to the
expitation of this�reemen� Employee stmli fiorfeif aN acaued sidt Ieave� vac�fion pay
and educatlon assisfi��fut�ds in the V�lage as Gquidabsd dam�ea
Secfiion 5.Salary
.
The V�age w1N comper�s Emptoy�ee af the prevai�ng mi�imum wa,ye fior � haas
worked durir� his norma! wvrin�lc. The nomnal w�orku�ek fior F�e �r�t
empbyees is iafy-eigtrt hours. This is based on w�orking one hundred and faty�ur
(144) hours in a iw+erdy-one(21) day cyde. The V�lage reserv�e�the righ#i�adj�f the
n� w�orkvr�eek hows as needed and in accor�dance wit� the Fair Labor S'�andands
A�f.
En�b�ee will occasior�fly be rieeded to work exfra hours. The Vd�ge provides
canpensation fior extra hours v�otked at a tgfie af one and one-half (1-112) �mes tfie
nomr� hawly rate vf pay ivr aq hours� fi exc�ss of fhe nonnai w�ock cycle. For
the ptapa9e af computing haas woriaed. annual leave, sidc [�ave and firtte IQst due fio
an ort-duty injay shaq be considered�time worked.
E�loy�ee is e�led � �eoeive arry acxoss the board Inaeases grarrted to the non-
unior�ed fir�gh�ets by the Vi�e and tds houriy r�a of pay w11 be adjusfied
a000rd'[ng[y. .
Section 6. Beneflts
a. Vacatton: Empbyee w� receive twoo weeks of paid va�afiion for each year
Employee is empby�ed under tws in�irn program. At the suc�ul ccxnple�ion
cf Employ�ee's iwefve-moMh probador�rY Period Emp�y�ee is en�l Ua use
Employee's vac�tion lesve in accc�rrdance wlth the pdicie,s gov�eming such
2
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,. r � �
'7
U88g@. �'�OW@V61', �� YY�I (tOt b@ (�(!'IPEfIS8fi2C� fOt' �Ffi1e Off� tf 9�,
during Employee's proba�onary period.
b. Sick I�r�e: Empbyee � en�tled to Sidc Leave benefifs as appl�d �fup tune
Ydlage eanployees and'm ac�ordance w�h the po�c�es gov�eming such.
c. Ho�day Pay: The Ydt�qe w�ll pr+avide HolidaY�Y� �� ��eY would bo
fuN time emptoyees and ln a�wlfh the poNdes govem�g such.
d He+aHh and I.i�e Insurance: In�erim Flrefighbers are eGgible for Vitlage
sponsored he�altl� cane ben�s. This ooverage w�be td�l fio the ooverage
plan off�ed�o non-unioniaed employoees.
Life insurance is provlded, but only�o the exbent flmt is required by law
. e. Retirement benefit� Emptayee is no#elig�for Re4r�ment Be�s.
f. Educa�on Assistance: Etnplo�ee may eam up to a maxknwn af$5.000.00 per
year f� ed�On assisf�utoe ("Edur�fion As�ance Funds'�. Education
A�ance Funds era eained at a ra�e of �1,250.00 per tiv+ee months of �
empioyrr�en� Therefore� �Empbyee works one�� quarier under�Ms
pnogram Empic�ee is er�itted to use the �1,250.00 eamed durfig the next
quarber, or arry �me dur�tg Ernpbyee's employment. and � fio favetv�e (12)
mor�ths af�the e�on of this coMrac�.
Edur.ation Ass'�s(�ce Fur�ds can be e�sed for any fi�on c�s,boolc e�enses or
(ab fees associabed w�fi Empby�ee's higher edur.a�on. Ther�e are no restric�ions
on the type o#c�oe�rse.s fhat the Ernplo�yee cx�n at�ertd as these funds are �0 6e
oonsidered Empioyee's money attd 6npbyee can use it � any c��
�cfu�ical education or any tYPe of clegree EmPbY'ee desires.
ff fl�e Empbyee is not S'tafie of Ffo�ida oert�ed as a Firefighber and/or Emergency
Med�al Tecfinicc�aan upon ex�ion af th�Agr��.the ViBage will advance
Educafion Assistance Funds fio pay for these c�or�s fur tlte 6npby�ee.
Once Employee is evCgrble to e�rn the EcAur�ona! Assfs�ance F�raicf� Uie
ViBage w�!! u�Z+e ttie+se frtnda � t�eJinburs�e Ute V�Ia,ge 1bt the aQ cOsis
�c�ded wf�h obtainlrig il�e Ahs�fBfi�er anal/or Em�cy A�!
Techn�n�ona. Aft+er ifie Vl�/eg�e ls�us8a1,the e�npby�e maY
then eam and uf�'¢e Edur.afion Assisiance Funds f+or the purposes set forth
at�ove.
g Exchange of time: iMerim �Mers ar+e �le to e�e t�ne with other
emp(oyees as brg � �s � accor� w�h departrrrent guide6nes. This
p�oc�ed�u+e �s for si�a�ior�s that canna�t be sd�eduled around Empby�ee's sh�
wor[� for the attendanc:e of dasses or fbr events ttmt Etr�pby�ee Nas no c;onfno!
an�.
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h. Incentive Pay: Based on the departmerrt needs, the Fre Chief will determine
whether or not a c�t�tified interim Fre F�qhter shali receive the Dive pay and the
Stabe Ce�tified Inspector pay.
Section 7. Applicabie Law and Waiver of Jary Trial.
This P�greeme�shaA be govemed by and construed pursuant to the taws of the State of
Florida. Employee irrevocably submits to the jurisdiction of such courts and waives arry
� objectiai it may have to either the jurisdic�ion or venue vf such courts. Further,
Employee walves frial by jury if litigation is filed to enforce any terms of this Agreement.
Venue shall be Palm Beach County, Florida.
Section 8. Severability.
If any �erms or part of th� Ag�t shall be debermined to be invalid, iflegai, or
unenforceable m whole or in part by a court of competent ju�isdicfion, the vaGdity of ttre
r�'iiai'ning pa� of 'sur� te'mn or the va8dity of atly othe� term o� provislon o� this
Agreement shall not in any way be afFecbed. All provisions of thls AAreemerrt shall be
construed to be valid and erMorceable to the ful!exterrt permitted by law.
Secfion 9. Acknowledgment
By signat�nne belowr, Employee adcnowledges lfiat he has read this Agreen�er�t and has
received a copy of the Viliage Employee Handbook and the F'�e-Rescue Departrnent's
PoQcy and Proc:edure Manual, and agrees to accept the terrns of lnfierim Employment
descnbed herein.
l c� �(r��J�
rim Emplo ign Date
d �
nt Head Signatuce ate
7 / -�l l
Huma ources Adminish�ator Date �
.!�` `
`�r�y
Vtlage Manager Signature Date
4 •
PUBLIC RECORDS. In accordance with Sec. 119.0701, F/orida Statutes,
CONTRACTOR must keep and maintain this Agreement and any other
records associated therewith and that are associated with the
performance of the work described in the Proposal or Bid. Upon request
from the Village's custodian of public records, CONTRACTOR must provide
the Village with copies of requested records, or allow such records to be
inspected or copied, within a reasonable time in accordance with access
and cost requirements of Chapter 119, Florida Stotufes. A CONTRACTOR
who fails to provide the public records to the Village,or fails to make them
available for inspection or copying, within a reasonable time may be
subject to attorney's fees and costs pursuant to Sec. 119.0701, F/orida
Statutes, and other penalties under Sec. 119.10,F/orida Statutes. Further,
CONTRACTOR shall ensure that any exempt or confidentia) records
associated with this Agreement or associated with the performance of the
work described in the Proposal or Bid are not disclosed except as
authorized by law for the duration of the Agreement term, and following
completion of the Agreement if the CONTRACTOR does not transfer the
records to the Village. Finally, upon completion of the Agreement,
COfVTRACTOR shall transfer, at no cost to the Village, all public records in
possession of the CONTRACTOR, or keep and maintain public records
required by the Village. If the CONTRACTOR transfers all public records to
the Village upon completion of the Agreement, the CONTRACTOR shall
destroy any duplicate public records that are exempt or con�dential and
exempt from public records disclosure requirements. If the CONTRACTOR
keeps and maintains public records upon completion of the Agreement,
the CONTRACTOR shall meet all applicable requirements for retaining
public records. Records that are stored electronically must be provided to
the VILLAGE, upon request from the Village's custodian of public records,
in a format that is compatible with the Village's information technology
systems.
If CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, PLEASE CONTACT THE
VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT
(561) 76&0685, OR AT Imcwilliams@tequesta.or�, OR AT 345
TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469.
